Inclusion London’s evidence to the Communities and Local Government (CLG) Committee inquiry into the causes of homelessness

February 2016

1. Introduction

Inclusion London

1.1 Inclusion London is a London-wide user-led organisation which promotes equality for London’s Deaf and Disabled people and provides capacity-building support for over 90 Deaf and Disabled people’s organisations in Londonand through these organisations our reach extends to over 70,000 Disabled Londoners.

1.2 Disabled People

  • In 2012/13 there were approximately 12.2 millionDisabled adults and children in the UK, a rise from 10.8 million in 2002/03. The estimated percentage of the population who were disabled remained relatively constant over time at around 19 per cent.[1]
  • There are approximately 1.2 million Disabled people living in London.[2]

Inclusion London welcomes the opportunity to provide evidence to the CLG Committee’s inquiry into the causes of homelessness.

2. Summary

2.1 Deaf and Disabled people’s organisations(DDPOs)in London have informed us that over the last 18 months more Disabled people are being evicted and made homeless or are at risk of being evicted than in previous years. This is due to several factors which include:

  • Rents in the private sector in London are rising to unaffordable levels for Disabled people on welfare benefits; more Landlords do not wish to rent to welfare benefit claimants, while others wish to sell their property.
  • So called ‘affordable’ homes, (up to 80% of the market rate[3]) are not affordable to many Disabled people.
  • Many Disabledpeople’s incomeshave dropped, while their outgoings have increased because of multiple welfare reforms. Research from LSE found that over five years from 2007/8 to 2012/3 the incomes of Disabled Londonersfell by 29% - double the equivalent figure for non-Disabled Londoners[4]. At the same time Disabled people have experienced increased rental costs due to the under occupancy charge/social housing size criteria,or reduced income due to the benefit cap or loss of entitlements to Disability Living Allowance/Personal Independence Payment.
  • Another large factor is that many initial assessmentsfor Personal Independence Payment (PIP) and Employment Support Allowance, (ESA) do not accurately record the true impact of a Disabled person’s impairments; almost 50% of PIP and 53% of ESA appeals are successful.[5][6] The initial incorrect decisions delaysthe receipt of welfare benefits for many months, meanwhile Disabled people have to exist on little or no income, causing evictions and homelessness.
  • Welfare benefit sanctions have pushed many people into financial difficulties.
  • Difficulties in applying for welfare benefits when support is not available, so applications fail and financial difficulties result.

Please see our recommendations at the end of the document on page 14.

3. Inclusion London’s evidence

3.1 Our evidence was gathered primarily from local Deaf and Disabled people’s user led organisations in London in October 2015 and Disabled people from across the country in January 2016. All names have been changed in the case studies to preserve anonymity.

We start our evidence by setting out the context in which an increase in evictions and homelessnessis taking place:

Poverty

3.2 Many Disabled people are living in poverty and struggling to cover basic living expenses; the government’s own figures show that households where at least one member was Disabled who were in “absolute poverty” rose from 27% in 2012-13 to 30% in 2013-14.[7]Other research show Disabled adults are twice as likely as non-Disabled adults to live in persistent poverty, defined as spending three or more years in any four-year period in poverty.[8]

Welfare Reforms and rising rents

3.3 Many Disabled people have been hit by multiple reforms to welfare benefits; research conducted for the Equality and Human Rights Commission (EHRC) on the cumulative impact of tax and welfare reforms revealed:

“.. are more negative for families containing at least one disabled person, particularly a disabled child,.[9]

3.4 Research by Demos revealed Disabled people who lost their disability living allowance early due to PIP reform, and who also claim contributory employment and support allowance will be a lose £23,461 over 5 years to 2017 due to the combined impact of changes in these benefits and the uprating cap.[10]

London residents

3.5 Londoners as a whole bear the greatest impact of reforms to the Local Housing Allowance for those in the private rented sector; the introduction of the size criteria; and the introduction of the overall benefit cap. In every single London authority, the average impact for a household is above £1,300 per year.[11]

Rents rising in London

3.6 While income for those on welfare benefits is dropping,rents are rising in London; average rents for new tenancies in London are 8% higher than the same period last year.Rents in London are now 106% higher than the rest of the UK.[12]The social rented sector accounted for 560,000 housing benefit claims in London and the private sector 270,000.[13]

Evictions in London

3.7 There were 27,000 landlord possession orders in London in 2014/15, which permits the landlord to immediately evict the tenants. As a rate (14.3 per 1,000 renting households) it is more than double the rest of England.[14]

Disabled people

3.8 Deaf and Disabled People’s Organisations (DDPOs) in London informed us in October 2015 that they were aware in an increase in the numbers of Disabled people being evicted over the last 18 months and many more Disabled people are now dependent on food banks and struggling to cover basic living costs including rent. This is often due to problems with welfare benefits such as:

  • Difficulties in applying for welfare benefits when support is not available, so applications fail.
  • Incorrect decisions delaying the receipt of welfare benefits
  • Increase in rent due to the social housing size criteria
  • Drop in income due to the benefit cap
  • Drop in income due to Disability Living Allowance (DLS) being abolished and PIP introduced, with narrower eligibility criteria.
  • Loss of housing benefit due to sanctions.

3.9 Also private landlords are increasing rents to unaffordable levels or no longer wish to rent to welfare benefit claimants or wish to sell their property, so Disabled people are evicted.

Incorrect decisions delaying receipt of welfare benefit

3.10 Many initial assessments for PIP and ESA do not accurately record the true impact of a Disabled person’s impairments;50% of PIP appeals are successful at tribunal stage and according to the National Audit Office only 13% of PIP reports met the targets for quality and for ESA, ‘53 per cent of initial Fit for Work decisions appealed against were overturned after challenge’.[15]

3.11 When a Disabled person contests a decision regarding ESA/WCA or PIP the process lasts many months, (a ‘Mandatory Reconsideration’ and a tribunal hearing may be necessary), so benefits are delayed for long periods. Below is evidence from a DDPO in London that provides support to people with mental health support needs:

“People with schizophrenia and severe mental health problems often come to us for support at a crisis point, when they have had no income for some time, and are on the point of eviction. The person has often applied for ESA but been found fit for work. Our advocacy worker has to negotiate with housing department to avoid evictions. There have been cases when the advocate provides support to apply for JSA but the Jobcentre staff has seen the Disabled person is not well enough to work at the interview and told them to apply for ESW. The Disabled person is in Catch 22 situation - meanwhile they have no income.

The advocacy worker now always asks for the professional qualifications of the officer carrying out WCA when appealing decisions, because the impact of the disabled person’s condition has often not been adequately recognised in the initial assessment”.

3.12 Mandatory reconsideration (MR)makes matters much worse because it prolongs the period without an income. The case below came from another organisation that gives support to Disabled people in this example the person had mental health support needs:

3.13 The original decision found the Disabled person was not eligible for ESA because they had been awarded 0 points. Mandatory Reconsideration (MR) confirmed this. However, the decision was reversed at appeal tribunal where the Disabled person was given 30 points. But by that time their housing benefit stopped, they had been evicted and thrown further into depression.

3.14 The following case involves a ‘Joanne’, a Disabled person with multiple health conditions (which includeschronic kidney disease, chronic liver disease, Diverticulitis, anxiety and depression).In April 2015 Joanne was sent an appointment to attend an assessment for ESA. However, she was too ill with Diverticulitis to attend so contacted the appropriate office and provided a doctor’s note. The events that then took place are told in the Disabled person’s own words:

“I then received a letter saying my reason for non-attendance had been accepted (I still have the letter).

I then received a phone call asking me why I had not attended I explained to the lady about my many health issues and in particular about staying close to the bathroom. On the basis of that phone call my benefits were stopped………………

………During this time my entitlement to housing benefit stopped and I was also no longer ENTITLED to free prescriptions and as I had no money to pay for my medicine I simply had to go without it which had a further detrimental affect on my health.

Then I was advised that a notice to quit my home as I was 10 weeks in arrears was now in force and my mental health deteriorated further”.

3.15 Joanne received financial support from her family and after 5 months of struggling financially was eventually awarded ESA and paid the arrears owing her.

Personal Independence Allowance

3.16 Disability Living Allowance,has been abolished so Disabled people are gradually being reassessed for PIP, which has narrower eligibility criteria.

3.17 In the case below a Disabled person was assessed for PIP and has had to appeal the decision, which has resulted in a long delay in receiving benefits and the threat of re-possession of their house, as explained by her husband in January 2016:

“Josie was on DLA Enhanced Care & Enhanced Mobility since 2008.

Due to an admitted series of failures (in writing) by the DWP we had NO money from May till November. After 7months with no money, she was awarded Standard care & NO mobility.They refuse to accept she is bed bound 24/7, with her daily fits increasing exponentially.

We go to court in Feb. for re-possession of our house we've been in for 30 yrs.

Our car, purchased on the Mobility scheme over 4 yrs. lies in the drive with no Road Tax or Insurance. We are 'trapped' at home.

We are now at Appeal stage and awaiting a date”.

3.18 Around 22% ofDLAclaimants in London are entitled to the lowest care and mobility elements.People in this group are the most likely to lose their entitlement under Personal Independence Payments (PIP), which has narrower eligibility criteria.[16]

3.19 When a Disabled person does not have tocontest the decision the waiting times for PIP assessments and decision has reduced to about 3 months or even 6 weeks, when previously it was often 6 months to a year – a positive!

Sanctions

3.20 We have many case examples about the impact of incorrectly applied benefit sanctions, which result in Disabled people struggling to pay for rent, food and fuel, see two cases below:

3.21 Client has leukaemia, angina and is a wheelchair user. Client was receiving ESA when she was sanctioned due to the DWP having incorrect information about her, stating she was living with someone when she was not. Her ESA was sanctioned; as a result of this all her benefits (Housing Benefit and Council Tax Support) were stopped. She was now down her last pound and extremely desperate and at a loss at what to do. The Disabled person then was able to access the Food Bank service, she was given food for the next few days…

3.22 A foodbank staff member in a London borough wrote about what occurred in December 2013:

Of the family with a three week old baby, her father sanctioned this morning for a year. The job centre said he came on the wrong day, he showed them the letter for the day to see them today, the jcp changed it and did not tell him.Then they sanctioned him…He cried on my shoulder, his family affected by the bedroom tax, no food, nothing. So we applied for DHP for him, and for hardship payments…

3.23 Concerns have been raised about the number of Disabled people with mental health support needs receiving a sanction by the Methodist church[17].

3.24 There is new guidance been issued to local authorities to ensure that, ‘Claimants who are receiving passported HB should continue to do so without interruption when a sanction is applied’[18]. So if all housing benefit staff followsthese guidance this will lessen the impact of sanctions and fewer evictions/homelessness should occur. Also the government has introduced a sanctions warning system so claimants have got more time to provide evidence, which may alleviate problems a little. However, the whole sanctions system needs to be reformed so it is not so punitive and to ensure that sanctions are not imposed unjustly as in the cases above.

Under occupancy charge/social housing size criteria

3.25 The social housing size criteria is causing Disabled people difficulties, Disabled people are going without food, fuel and other essentials in order to pay the rent. The two cases below were provided by a DDPO in October 2015:

3.26 Mrs S lives alone and suffers from degenerative spinal disease and severe depression and is in the support group of ESA. She was impacted by the under-occupancy charge, she was struggling financially and prioritised paying her rent above buying food, and she avoided putting on the heating in the winter. She was heavily reliant on her family to provide her meals. Total arrears owed = £5034.67

3.28 There is a shortage of 1 bedroom council properties in some areas of London so Disabled people cannot move outof a property with a spare bedroom as the example below illustrates:

3.29 A Disabled person (living in south London) was asked to move out of a two bedroom Council adapted property into a one bedroom property, but it is impossible to get one bed social housing flats in the area she lives let alone an adapted one bedroom flat. No social housing one bedroom properties are being built in this borough, only properties for private rental, which are unaffordable.

Council tax/social housing size criteria

3.30 The two cases below were written by Disabled people in 2013:

‘….. due to the threat of eviction due to not being able to pay council tax or the bedroom tax.
I have applied for a DHP (Discretionary Housing Payment) and been refused, I also have a carer overnight which I have to pay £400 per month for and they use one bedroom but this is not being counted, I also have a room that is used for medical equipment ….I have bowel problems due to cancer treatment,….’

Council Tax

3.31 ‘I have oesteo arthritis and depression because of chronic pain and mobility problems.

I have had my ESA stopped in November. It was my only income.Only had one week’s payment of 76 pounds in November so I fell behind with council tax payments. I had a court summons for January and 60 pounds court costs. They are demanding the full lot of 500 pounds plus the court costs…. I do not have this money…..After I have paid for rent,water, electric, and heating not much is left…..Have not eaten properly since they reduced my ESA last year.’

Benefit cap

3.32 The case below was provided by a DDPO in December 2014concerning a mother and child living in London experiencingdifficulties caused by the Benefit cap:

3.33 A single mother and disabled children told to move to Birmingham or face eviction due to benefit cap weeks before Christmas.

Hilary has three children, aged 17, 16 and 5. Her eldest, Jono, is a student at the Newham 6th form college. He is labelled as severely autistic and has complex learning difficulties. He is settled well in his school and in his programme. It is the view of his tutors that a move to a totally unfamiliar part of the country away from his support network family and friends would be immensely disruptive and damaging for him. Hilary finds it difficult to meet her son’s needs and is supported by her mother and sisters who live nearby.

3.34 Hilary was placed in temporary accommodation about 4 months agoand has recently been told she must move to Birmingham. She declined the council's offer of an address there because of her son's schooling and connection to his educational facilities here, and has since been told that the council no longer has a duty to house her and that she will be evicted because she turned that Birmingham offer down.